A solicitor providing independent legal advice pursuant to a certificate is not required to advise on the financial wisdom or prudence of entering into the transaction unless specifically retained to do so. The duty is limited to explaining the legal effect of the documents and ensuring the client is not acting under undue influence. The observations of King CJ in McNamara v Commonwealth Trading Bank imposing a broader duty are too onerous and go beyond statutory requirements. Plaintiffs claiming solicitor's negligence must adduce evidence that they would not have entered the transaction if properly advised; the absence of such evidence is fatal to causation.
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